Question
Jared works as a security guard for BullsEye, Inc. (BullsEye), a big box retail store. BullsEye's workplace rules include a strict prohibition against the use
Jared works as a security guard for BullsEye, Inc. ("BullsEye"), a big box retail store. BullsEye's workplace rules include a strict prohibition against the use of force against suspected shoplifters. Jared and other security guards are supposed to quietly report suspected shoplifters to the store manager or loss prevention officer on duty. Jared is aware of these rules, but he thinks they prevent him from catching people who steal merchandise from the store.
One day Jared sees a man remove a bottle of cologne from its packaging and conceal the cologne in a small backpack. Jared thinks this presents an opportunity to protect the store's merchandise and prove that his way of approaching shoplifters is better than the burdensome company rules. He sneaks up on the man with the backpack, grabs him by the back of the shirt, and slings him to the ground. The man's head contacts the ground, causing severe injury.If the suspected shoplifter later sues BullsEye the big box retail store and the case proceeds to a trial by jury, the jury will likely find BullsEye:
Group of answer choices
Two, but not three of the other answer choices are correct.
Vicariously liable, because Jared was BullsEye's employee/agent and he was motivated, at least in part, to benefit BullsEye when he acted intentionally in a way that caused injury to the plaintiff.
Not liable because the injuries to the plaintiff were caused by Jared's intentional act, contrary to BullsEye's rules.
Directly liable, if the plaintiff proves the facts alleged and also proves that Jared was an unreliable security guard with a reputation for violence and disregarding instructions.
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